This property operated as a gasoline service station with underground storage tanks, branded at various times as Andys Handy Mart and ARCO Handy Mart. A gasoline release from the underground storage tanks was reported in April 1991, and independent cleanup of contaminated soil was conducted over approximately twenty years, meeting Method A cleanup levels. Ecology issued a No Further Action determination in 2011. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The leaking underground storage tanks at this site were in place and operating before the 1991 release notification, and the nature of underground tank installations at retail fueling sites strongly suggests operations predating 1986 — the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Two decades of documented remediation expenditures to clean gasoline-contaminated soil to regulatory standards represent costs that historical CGL carriers who covered this property during the pre-1986 operational window may still be obligated to reimburse.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.